Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Hot Tabasco; Cboldt
The evidence is not admissible in a court of law and the charges are thrown out.

Sometimes the prosecution (prostitution? as they would say on Married With Children) will claim "inevitable discovery." But also the defense would have to establish that the warrant was illegal, and the govt would claim that would reveal their "sources and methods."

In my opinion, they have found a way to get around the 4th amendment, and Trump can't refuse to sign reauthorizations of the Patriot Act because they get attached to appropriations bills. There are bad congresscritters in both parties.

SCOTUS might be afraid to rule against the Patriot Act.

33 posted on 11/27/2019 1:26:50 PM PST by ding_dong_daddy_from_dumas (Mozart tells you what it's like to be human. Bach tells you what it's like to be the universe.)
[ Post Reply | Private Reply | To 5 | View Replies ]


To: ding_dong_daddy_from_dumas
FISA warrants are so rarely used in criminal prosecutions that saying "never" is a reasonable approximation. Thousands of warrants a year, fewer than one a year appear in a criminal proceeding.

FISA is "make work" to give the utterly false impression that the government practices restraint in snooping.

I know of ZERO cases where the government lost a prosecution for an illegal wiretap. Closest ever was al-Haramain Islamic Foundation.

The only "real" penalty for illegal wiretapping is the evidence can't be used in a criminal prosecution.

FISA is itself a way around the 4th amendment. Get a warrant, get a legal defense. See 50 USC 1809(b).

Nobody in the FBI is going to be charged for snooping. Charge FBI for using FISA for criminal snooping, and all of FISA gets thrown out because FISA is an unconstitutional encumbrance on warrantless spy vs. spy snooping.

44 posted on 11/27/2019 7:44:06 PM PST by Cboldt
[ Post Reply | Private Reply | To 33 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson